MATTER OF ESTATE OF KINYON

No. 79-87.

615 P.2d 174 (1980)

In the Matter of the ESTATE of Jesse Kinyon, Deceased.

Supreme Court of Montana.

Decided July 22, 1980.


Attorney(s) appearing for the Case

Galt & Swanberg, Helena, Robert F. Swanberg argued, Helena, for appellant.

Gordon R. Hickman, Harlowton, John V. Potter, White Sulphur Springs, Glen Neier argued, White Sulphur Springs, for respondent.


SHEEHY, Justice.

This is an appeal from an order entered in District Court, Fourteenth District, Meagher County, declaring section 91-142, R.C.M. 1947 (now section 72-11-334, MCA) the Montana mortmain statute, unconstitutional.

Jesse Kinyon died testate on January 26, 1971, leaving no surviving spouse, issue, parents, or other relatives of a closer degree of kinship than nieces and nephews. After contest (see Wallin v. Kinyon Estate (1974), 164 Mont...

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